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Notice of Proposed Amendment to Local Rule 11.0(b)

Friday, August 2, 2013

The United States Court of Appeals for the First Circuit hereby provides notice that it proposes the attached amendment to Local Rule 11.0(b). Additions are noted in italic print; deletions are noted in strikeout print. An explanation for the proposed amendment follows.

For some years now, the district courts have transmitted abbreviated electronic records (in lieu of the entire record) in appeals where appellant is represented by counsel. By contrast, in pro se appeals the district courts have printed and transmitted a full paper record. Under the proposed amendment, an abbreviated electronic record will be transmitted in all appeals from the district court, whether the appellant is represented by counsel or not.

This change should not affect the ability of pro se litigants proceeding in forma pauperis to proceed on the record without need to file an appendix. In such cases, litigants can expect that in lieu of an appendix the court will rely on the electronic district court record, whether or not individual documents are transmitted, and any paper documents or exhibits which are transmitted.

The proposed amendment also clarifies that sealed documents and sealed docket reports/entries are not transmitted as part of an abbreviated electronic record. Rather, any sealed documents or sealed docket reports/entries are transmitted in hard copy.

The Court of Appeals invites public comment on the proposed amendment. Comments should be received by September 3, 2013, and addressed to:

Office of the Clerk
U.S. Court of Appeals for the First Circuit
United States Courthouse
1 Courthouse Way, Suite 2500
Boston, MA 02210